A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 13, 2012, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of the Road Traffic Act by the District Court of Jung-gu on December 13, 2012, and on May 30, 2016, the Defendant was prosecuted for the same crime in the same court (4 million won).

On June 26, 2016, the Defendant, around 15:35, 2016, driven DK 3 automobiles while under the influence of alcohol 0.105% of alcohol concentration from the 20km section to the front road of Macheon-si, Macheon-si, Macheon-si, Macheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the situation of drinking driving, and the statement of the situation;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in Article 62-2 of the Criminal Act is a convenient means of transportation. However, since it is a dangerous article that can be inferred by a dangerous weapon, a person who operates an automobile is obliged to obtain a license and operate an automobile with due care in normal conditions.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due diligence and physical exercise has been significantly deteriorated, and it is highly dangerous as it may cause serious harm to unspecified persons.

Although the defendant had already been punished twice due to drinking driving, the fact that he/she again drives the drinking driving of this case is disadvantageous.

However, the sentencing conditions indicated in pleadings, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., are equally considered and the punishment is determined like the order.